U.S.S.G. § 1B1.5

§1B1.5.     Interpretation of References to Other Offense Guidelines

 

Commentary

Application Notes:

1.         References to other offense guidelines are most frequently designated "Cross References," but may also appear in the portion of the guideline entitled "Base Offense Level" (e.g., §2D1.2(a)(1) and (2)), or "Specific Offense Characteristics" (e.g., §2A4.1(b)(7)).  These references may be to a specific guideline, or may be more general (e.g., to the guideline for the "underlying offense").  Such references incorporate the specific offense characteristics, cross references, and special instructions as well as the base offense level.  For example, if the guideline reads "2 plus the offense level from §2A2.2 (Aggravated Assault)," the user would determine the offense level from §2A2.2, including any applicable adjustments for planning, weapon use, degree of injury and motive, and then increase by 2 levels. 

A reference may also be to a specific subsection of another guideline; e.g., the reference in §2D1.10(a)(1) to "3 plus the offense level from the Drug Quantity Table in §2D1.1".  In such case, only the specific subsection of that other guideline is used.

2.         A reference to another guideline may direct that such reference is to be used only if it results in a greater offense level.  In such cases, the greater offense level means the offense level taking into account only the Chapter Two offense level, unless the offense guideline expressly provides for consideration of both the Chapter Two offense level and applicable Chapter Three adjustments.  For situations in which a comparison involving both Chapters Two and Three is necessary, see the Commentary to §§2C1.1 (Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right; Fraud Involving the Deprivation of the Intangible Right to Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions); 2E1.1 (Unlawful Conduct Relating to Racketeer Influenced and Corrupt Organizations); and 2E1.2 (Interstate or Foreign Travel or Transportation in Aid of a Racketeering Enterprise).

3.         A reference may direct that, if the conduct involved another offense, the offense guideline for such other offense is to be applied.  Consistent with the provisions of §1B1.3 (Relevant Conduct), such other offense includes conduct that may be a state or local offense and conduct that occurred under circumstances that would constitute a federal offense had the conduct taken place within the territorial or maritime jurisdiction of the United States.  Where there is more than one such other offense, the most serious such offense (or group of closely related offenses in the case of offenses that would be grouped together under §3D1.2(d)) is to be used.  For example, if a defendant convicted of possession of a firearm by a felon, to which §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) applies, is found to have possessed that firearm during commission of a series of offenses, the cross reference at §2K2.1(c) is applied to the offense resulting in the greatest offense level.

Historical Note:  Effective November 1, 1987. Amended effective November 1, 1989 (amendments 79 and 80); November 1, 1991 (amendment 429); November 1, 1992 (amendment 440); November 1, 1995 (amendment 534); November 1, 1997 (amendment 547); November 1, 2001 (amendment 616); November 1, 2004 (amendment 666).